The Office of Environmental
Health Hazard Assessment (OEHHA) has proposed two changes in its regulations
regarding the contents of the Notices of Violation. The first change is being
made to section 25903(b)(2)(E), concerning occupational exposures. Such notices
are to contain specific language required by the Occupational Health and Safety
Regulations in Title 8, Section 338(b) of the California Code of Regulations;
the current version does not cross-reference this section.
The regulations
currently require any Notice of Violation to include a copy of an Appendix A
which alerts the target of the notice to the substance of Prop. 65. The option
to cure these violations without further liability was added by legislation
intended to end the practice of targeting small businesses that are unaware of
their potential Prop. 65 liability in order to extract a quick monetary
settlement (i.e., drive-by litigation). Instead of placing this compliance
procedure with the more general information in Appendix A, OEHHA is
proposing to move the language to a new Appendix B. This change is applicable
to those situations that are subject to the legislation (a) alcoholic beverages
consumed on premises; (b) food or beverages prepared and sold for
immediate consumption; (c) non-employee tobacco smoke on premises
where smoking is permitted; or (d) engine exhaust at a facility primarily
intended for parking noncommercial vehicles. There are remedial measures that
are also required under each scenario.
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